Juridische procedures tegen Italië (systemen voor salarisadministratie, minimumtarieven van architecten en ingenieurs), België (alarmsystemen) en Luxemburg (voorwaarden aan werknemers van buiten de EU) (en)

The European Commission has taken action on obstacles to the freedom of establishment and to the free movement of services in Italy, Belgium and Luxembourg.

The Commission has decided to refer Italy to the European Court of Justice over its legislation that requires providers of payroll services in Italy to enrol in a specific register. In addition, the Commission has formally requested Italy to modify its legislation on the secondment of non-EU employees and on the imposition of minimum fees by architects and engineers.

The Commission has also formally requested Belgium to modify its legislation on the installation of alarm systems.

These requests take the form of "reasoned opinions", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the Court.

Finally, the Commission has decided, under Article 228 of the EC Treaty, to send Luxembourg a further reasoned opinion requesting it to comply immediately with the 2004 judgment of the Court on the secondment of non-EU employees. If Luxembourg does not comply, the Commission can ask the Court to impose daily fines.

Italy - provision of payroll services

The Commission has decided to take Italy to the Court of Justice over its legislation on the activity of preparing and printing pay slips, whereby only consulenti del lavoro (employment consultants) or those deemed equivalent in law may offer payroll services in Italy.

In line with the Payroll judgment in case C-79/01 of the Court of Justice of the European Communities, the Commission considers that there are no grounds for restricting such activity to consulenti del lavoro or equivalent persons, since payroll services essentially involve only executive tasks.

In particular, the Commission challenges the fact that the data processing centres - which alone are authorised to provide such services to undertakings with fewer than 250 employees - must consist and be comprised solely of consulenti del lavoro. This means that there is no possibility for Community nationals meeting other criteria in their country of establishment to exercise such activities.

In addition, the obligation to have a residence permit in order to be entered on the professional register of consulenti del lavoro in Italy requires a provider to become established in Italy or to have an address there, which is an infringement of the principle of the freedom to provide services.

Lastly, the obligation to be fully enrolled in the Italian registers in order to be able to provide services as consulenti del lavoro in Italy represents an additional restriction on the freedom to provide services.

The effect of all these national provisions is to dissuade or prevent any provider legally established in another Member State from offering payroll services in Italy.

Italy - secondment of non-EU employees

The Commission has decided to send a reasoned opinion to the Government of Italy concerning the secondment of non-EU employees in connection with the provision of services. The Commission considers in particular that the requirement of a work permit as well as prior authorisation under a visa scheme for non-EU nationals seconded in connection with the provision of services is incompatible with Article 49 of the Treaty and thus with the principle of the freedom to provide services.

Italy - minimum fees imposed for architects and engineers

The Commission has decided to send a reasoned opinion to Italy concerning its regulations on compliance with minimum fees for the services of architects and engineers under Articles 43 and 49 of the EC Treaty guaranteeing, respectively, the freedom of establishment and the freedom to provide services.

The Commission questions the need for such provisions, the result of which is to restrict access to the Italian market in the case of providers from other Member States, while not however protecting recipients of services or guaranteeing the quality of the services provided in a way which is proportionate with the general interest objectives sought.

Belgium - installation of alarm systems

The Commission has decided to send a reasoned opinion to the Kingdom of Belgium concerning its national legislation on the installation of alarm systems. In particular, the Commission challenges the conditions of installation, maintenance and use of alarm systems, as laid down by Belgian legislation which restricts the activities of installing, commissioning and maintaining such systems solely to undertakings which have been approved as private security undertakings (apart from the possibility for a user to install a system himself). The Commission considers that setting such conditions is incompatible with Article 49 of the Treaty.

Luxembourg - secondment of non-EU employees

The Commission has decided to send a reasoned opinion based on Article 228 of the EC Treaty to the Grand-Duchy of Luxembourg concerning the conditions governing the secondment of non-EU employees. The relevant Luxembourg legislation has in fact already been the subject of a judgment by the Court of Justice, in October 2004, particularly with regard to the requirement for such employees to have a work permit. The Grand-Duchy has still not notified the Commission of any measures to comply with the judgment.